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(영문) 서울북부지방법원 2016.07.14 2016고단431
폭행등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 31, 2015, the Defendant: (a) around 23:35, the victim D (45 years old) who was assaulted by the Defendant in the “C” restaurant located in the Gangnam-gu Seoul Northern District B, Seoul, was able to report to 112; and (b) caused the defective victim to get off the cell phone cited by the Defendant and get off the cell phone on the table, and damaged the property that is equivalent to KRW 597,000 for repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation (a statement by a wooden person);

1. Application of the Acts and subordinate statutes concerning a written confirmation of investigation (a written estimate) and written estimate;

1. Article 366 of the Criminal Act applicable to the facts constituting a crime and Article 366 of the choice of punishment;

1. The part concerning dismissal of public prosecution under Articles 70(1) and 69(2) of the Criminal Act with the detention in a workhouse

1. Around December 31, 2015, the Defendant assaulted against “C” restaurant located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, that the victim D (D) will not pay money and will discontinue the management of the parking lot without paying the money. In addition, the Defendant assaulted the victim by hand at one time, such as the victim’s her hand when the victim’s knife scke.

2. The above facts charged cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act, as a crime falling under Article 260(1) of the Criminal Act.

According to the court below's decision that the victim was not punished on February 1, 2016, the victim expressed his/her intention not to be punished against the defendant. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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